Boender v. City of Harvey
Appellate Court of Illinois
Action in case for personal injuries. Appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. Statement by the Court. This is an appeal by the defendant from a judgment for $750 recovered by the plaintiff in an action on the case for personal injuries. Center avenue in the city of Harvey is a residence street, runs north and south, and is eighty feet wide.
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Action in case for personal injuries. Appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. Statement by the Court. This is an appeal by the defendant from a judgment for $750 recovered by the plaintiff in an action on the case for personal injuries. Center avenue in the city of Harvey is a residence street, runs north and south, and is eighty feet wide. At the time of the accident there was on the east side of the street, about eight feet from the lot line, a cement sidewalk five feet wide. On the street side of the sidewalk were spaces eight feet wide,…
1Opinion of the Court
Mr. Presiding Justice Baker
delivered the opinion of the court.
We do not think that the trial court erred in instructing the jury that: “Where a street throughout its entire width is open for public travel, the city must exercise ordinary care to keep it in a reasonably safe state of repair throughout its entire width.” Spring Valley v. Gavin, 182 Ill. 232; Montgomery v. Wright, 72 Ala. 411; Bacon v. Boston, 3 Cush. 174; Stafford v. Oskaloosa, 64 Ia. 251.
The negligence alleged in the first count of the declaration is, that the defendant negligently, etc., permitted said street to become and…
2Cases cited4 opinions
- Seith v. Commonwealth Electric Co.Illinois Supreme Court · 1909
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Stafford v. City of OskaloosaSupreme Court of Iowa · 1884
- City of Spring Valley v. GavinIllinois Supreme Court · 1899